NEW BEDFORD – A judge has overturned the verdict against an Acushnet man convicted of running over a mother duck walking her ducklings across a mall parking lot, and prosecutors say they will not appeal.

Joshua Linhares was sentenced to one year of probation in December after being found guilty of animal cruelty for running over the duck at the Dartmouth Mall in June.

The Standard Times of New Bedford reported that the judge who presided over the trial vacated the verdict last month after hearing from Linhares’ lawyer, who argued that evidence did not prove that Linhares intentionally ran over the duck.

Bristol District Attorney Samuel Sutter said Tuesday his office will not appeal because of financial constraints. He says his office has had to deal with $700,000 in budget cuts.